Potts v. United States
District of Columbia Court of Appeals
919 A.2d 1127 (2007)
Facts
Potts, Barrows, and Perry (protestors) (defendants) were protesting the mistreatment of prisoners at the Abu Ghraib and Guantanamo Bay prisons as well as the new attorney general appointment. Potts wore a black hood, Barrows wore an orange jumpsuit and black hood, and Perry held a sign stating, “no taxes for war or torture.” The protest started on the sidewalk in front of the Supreme Court building and ascended the steps to the plaza just in front of the building. After refusing the Supreme Court Police’s repeated requests to return to the sidewalk, the protestors were arrested for violating 40 U.S.C. § 6135, which prohibited the display, on Supreme Court grounds, of expression designed or adapted to bring into public notice a party, organization, or movement. The protestors were convicted after a bench trial. The protestors appealed their conviction, arguing that the statute was unconstitutional on its face and as applied to the protestors.
Rule of Law
Issue
Holding and Reasoning (Glickman, J.)
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